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HomeMy WebLinkAbout2018-02-20-HDC447-rpt Report of the Historic Districts Commission Ad Hoc 40C Study Committee to the Lexington Board of Selectmen Members • Anne Laurin Eccles, Chair • Susan Bennett • Daniel Fenn • Marilyn Fenollosa • Lester Savage Liaison • Michelle Ciccolo, Selectman Draft 2/20/18 Table of Contents Executive Summary 1 Introduction 2 Process 4 Section by Section Analysis of Proposed Amendment 6 Exhibits Exhibit A Historic Districts Commission Special Act, Chapter 447, Acts of 1956 Exhibit B Massachusetts General Laws Chapter 40C Exhibit C Chapter 447 vs MGL Chapter 40C Comparison Chart Exhibit D Proposed Amendment of Chapter 447 Exhibit E Ch 447 with Proposed Amendments Exhibit F Historic Districts Commission Ad Hoc 40C Study Committee Final Charge by the Board of Selectmen Exhibit G List of Massachusetts Historic District Commissions indicating Special Act or Ch 40C Jurisdictional Basis Exhibit H Chart listing Special Act Historic District Commission Appointment Processes Appendices (Available upon request) Appendix I Notes from Ad Hoc Committee Member Interviews with Special Act Community Officials Appendix II Texts of All Massachusetts Special Act Historic District Legislation Executive Summary The Lexington Board of Selectmen charged the Historic Districts Commission Ad Hoc 40C Study Committee (hereafter 'the Committee') with the study and comparison of the provisions of the Historic Districts Commission's Special Act (hereafter `Special Act', Chapter 447, Acts of 1956, Exhibit A) and Massachusetts General Laws Chapter 40C (hereafter '40C', Exhibit B), which is the statewide enabling legislation, along with studying the process for conversion to 40C legislation Following study of the historic district bylaws and ordinances of various communities, interviews with local officials and collection of data (delineated in the following `Process' section), the Committee determined that there were advantages and disadvantages to both Lexington's Special Act and the statewide 40C enabling legislation, and that an update of our Special Act would best accomplish the goals of clarifying the HDC's enabling legislation and bringing it in line with statewide principles and current practice The Committee drew from 40C the language to either define terms that were vague or in conflict with norms, to streamline certain procedures and to document current HDC practice The Committee also drew on language from the Board of Selectmen included on the Town's HDC website page Certain anachronisms from the original 1956 Special Act were eliminated entirely The changes are highlighted in red as inserted in the body of the Special Act in Exhibit E As an additional conclusion, the Committee felt that the most successful Special Acts still in use were the ones that were regularly updated, and that Lexington's Special Act should be reviewed at regular intervals, no longer than a decade apart, to continue to keep it strong and relevant. Anne Laurin Eccles, Chair Date 1 Introduction The 1956 Special Act establishing the first historic district in Lexington as well as the Historic Districts Commission was the third of its kind in the Commonwealth, following Nantucket and Beacon Hill It has remained virtually unchanged in substance for over sixty years, except for amendments that established additional historic districts in town Since Lexington's Special Act was passed, there have been many developments in Massachusetts' regulation of historic districts • most notably, legislation popularly referred to as "400" was first enacted in 1960 and subsequently amended to establish a state-wide legal framework for local historic districts Cities and towns can adopt 40C instead of seeking a Special Act for the establishment of historic districts and commissions, • a number of towns have adopted their own Special Acts and have sought amendments to their acts as they have gained experience operating under them, • the Massachusetts courts have interpreted both 40C as well as some towns' Special Acts, providing guidance for commissions and towns There has been very little court interpretation of Lexington's Special Act, and • Lexington now has over six decades of experience operating under its Special Act, providing a good basis for evaluating its effectiveness Revisions to Lexington's Special Act are long overdue to achieve the following goals • update the Lexington Code to be more easily read and understood by HDC members and the residents of Lexington, by deleting archaic or unnecessary provisions and defining vague, ambiguous or contradictory provisions, • conform Lexington's regulatory scheme, to the extent appropriate, to statewide principles and process governing historic district commissions, • acknowledge and document long-standing and effective practices of the HDC, • strengthen the nominating process for HDC membership to assure the appointment of qualified candidates, • augment criteria for assessing appropriateness, • provide specificity for procedural matters, • address the parties that can appeal an HDC decision, and 2 • strengthen penalties for non-compliance The proposed amendments to the Act were formulated by an Ad Hoc Study Committee appointed by the Selectmen This Committee, whose members are listed at the beginning of this Report, reached out to 14 localities to learn about their experiences operating under Special Acts and also compared the Lexington Special Act to 40C The Committee considered but rejected the idea of recommending that the Lexington Special Act be replaced 40C It concluded that this "one size fits all" approach was not appropriate for Lexington and that instead, limited amendments to the Lexington Special Act that draw on the precedents both of 40C and other town's special acts are more appropriate The ad hoc study committee's recommendations were reviewed and recommended to Town Meeting by the Historic Districts Commission by)OOOC vote on March 1, 2018 The composition of the current HDC is listed below Members Associates Anne Eccles, Chair Lee Noel Chase Robert Adams Thomas Fenn Edward Adelman Donna Hooper Robin Lovett Paul O'Shaughnessy 3 Process At the request of members of the Historic Districts Commission, in November, 2017, the Board of Selectmen appointed a "40C Ad Hoc Study Committee" The Board's charge stated the following "The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended) At the time the Special Act was enacted, only two other communities - Nantucket and Beacon Hill - had historic district commissions Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth Of the 100+ HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme -- 40C itself provides a conversion mechanism This Committee will study the provisions of 40C, the differences between 40C and the Lexington Special Act, and the process for conversion to 40C" (For complete text of Selectmen's charge, See Exhibit F ) Following the appointments, the Ad Hoc Committee met several times during January and February, 2018, to compare the two statutes (Lexington's Special Act Ch 447 and MGL Ch 40C) and identify the preferred provisions of each The Ad Hoc Committee members also conducted a series of interviews with representatives of all of the known Special Act communities in Massachusetts, as well as former Special Act communities that had converted to Ch 40C, to determine their experiences and satisfaction or dissatisfaction with their statutes (For a list of all the historic district legislation in Massachusetts, see Exhibit G The questions and answers from the interviews are included in Appendix I, available upon request) Based on these interviews and analysis of the Lexington statute, and recognizing the long and mostly satisfactory experience of the Lexington Historic Districts Commission within the existing framework, it was decided by the Ad Hoc Committee to recommend amending Ch 447 rather than converting to Ch 40C The Ad Hoc Committee then reviewed Ch 447 to determine what provisions needed to be modified to conform the Act to Massachusetts practice, eliminate ambiguities and vague terms, delete redundancies and reflect modern needs At the same time, the Ad Hoc Committee was careful to preserve the sections of Ch 447 that have enabled the preservation of Lexington's historic resources over the last 60 years The Ad Hoc Committee presented its findings to the Historic Districts Commission on March 1, 2018, whose members voted to recommend amendments to Ch 447 to 2018 Annual Meeting The Ad Hoc Committee also held a public hearing on March 8, 2018, to which the public and former members of the HDC were invited, to receive their comments and questions The results of this study and hearings are incorporated into a proposed amendment to Chapter 447 This amendment will be presented to the 2018 Annual Town Meeting, requesting Town Meeting Members to authorize the Board of Selectmen to petition the Massachusetts General Court for an act to amend Chapter 447 The text of the amendment, as well as a section-by-section analysis of the proposed changes, are included in the following pages 5 Proposed Amendment to Chapter 447 Section by Section Analysis As described above, the Ad Hoc Committee considered adopting MGL Ch 40C versus amending Special Act Ch 447, and ultimately decided that amending the existing Special Act was the preferred course of action Accordingly, the Committee makes the recommendations for amending the Special Act set forth in the draft Amendment document attached to this Report as Exhibit D The proposed changes to Ch 447 are described below, on a section-by-section basis Section 3 Definitions (1)Add a new definition of"Person aggrieved" The current version of Ch 447 permits appeals of HDC findings to the superior court by "any aggrieved person", without further definition (see Section 10 Appeals) This has raised questions as to who has "standing" - the legal term for persons qualified to bring suit because of their specific interest in a case or controversy Chapter 40C , whose definition is included in these amendments, limits standing to the applicant, the owner of any adjoining property, any owner of property within the same historic district as the applicant's property, any owner of property within 100 feet of the applicant's property lines, and any charitable corporation in which one of its purposes is the preservation of historic structures or districts Court findings in recent litigation against the HDC refused to permit standing to residents located more remotely from the subject property, it is believed that this amendment will eliminate any ambiguity as to standing in future disputes (2)Amend the definition of"Structure"to add certain specific examples to the current broad language that refers merely to "a combination of materials other than a building" The HDC, in its guidelines, has long exercised jurisdiction over fences, walls, terraces, walks and driveways, as does Ch 40C This amendment codifies this practice to avoid any uncertainty Section 4 Creation and orcranization of Historic Districts Commission Revise the nominating process and specify attributes of Historic District Commission members, delete the requirement that the HDC elect a secretary The current version of Chapter 447 names four nominating organizations the Board of Selectmen, the Lexington Historical Society, the Trustees of Cary Memorial Library and the Lexington Arts and Crafts Society These later two organizations have often found it difficult to identify qualified candidates, as a result, this amendment replaces those organizations with the Lexington Design Advisory Committee, a committee uniquely qualified to assess and nominate appropriate candidates because 6 of the architectural and design backgrounds and experience of its members Of course, the Board of Selectmen can continue to seek nominees from the Trustees of Cary Memorial Library and the Lexington Arts and Crafts Society for their designated appointments The amendment also includes certain criteria for nominations, as developed by the Board of Selectmen and incorporated into the HDC's page on the town website Finally, the amendment deletes the requirement that the HDC elect a secretary, a post not needed given the staff support provided by the town's Land Use, Health and Development Department. Section 5 Limitations Delete the reference "See note 1"appearing at the end of subsection (d) This reference was unclear to the Ad Hoc Committee, and the Committee was unable to determine when it was added or to what provisions it references For clarity, the Committee recommends deleting it, and a similar "See note 2" appearing at the end of the first paragraph of Section 6 Exclusions Section 6 Exclusions (1) In subsection 6(a), include references to the Director of Lexington's Board of Health and/or the Chief of the Lexington Fire Department in determining unsafe or dangerous conditions, require that the danger be immediate Also, delete the reference to "See note 2"at the end of the subsection This provision is suggested to provide additional certainty for the HDC in cases where it yields its jurisdiction over protected properties due to an unsafe or dangerous condition which requires immediate remedy It will also facilitate action where the condition arises and must be corrected before the next regularly scheduled meeting of the HDC (2) In subsection (b)(1), add language that permits the imposition of conditions to the approval of temporary signs and structures Ch 447 has always allowed the HDC to impose conditions on its approvals -- see Section 9 Powers Functions and Duties of Commission, subsection(a), 7th paragraph This proposed language incorporates the Ch 40C language on temporary structures and signs, providing additional clarity to HDC decision-making (3)Delete subsection (c)in its entirety 7 Subsection 9(a)(2), and the definition of"Exterior architectural feature", have always provided for review of paint color by the HDC This subsection provides, however, that the exterior color of any building in the Historic Districts may be changed to white without application to the HDC for a certificate of appropriateness HDC guidelines also provide that no hearing is required to paint a house "white" But the guidelines also state that it is appropriate that the Department of Land Use, Health and Development be notified of any change of color, noting that there are many off-shades of white with specific names which are very definite colors These colors would require an unadvertised, formal hearing Because of this potential conflict, the Ad Hoc Committee recommends deletion of subsection (c) and reliance on its regular review procedures for applications concerning any color change Section 8 Meetings Hearings Time for Making Determinations Amend this section by deleting the requirement that notices of meetings be sent to parties "deemed by the HDC to be affected thereby"and replacing it with language that specifies that all property owners within 100 feet of the applicant's property be notified The Ad Hoc Committee believes that the existing language is too discretionary and leaves the HDC exposed to claims from parties who believed they were "affected thereby" yet were not notified This language adopts the language used by the Planning Board and other Lexington boards and committees for identifying parties entitled to notice Section 9 Powers Functions and Duties of Commission Delete existing language that prohibits HDC review of relative size and detailed designs of proposed new construction or additions to existing buildings or structures Add a statement of support for solar energy use and protection Based on its review of all known Special Act historic district commissions, the Ad Hoc Committee believes that the Lexington HDC is the only historic district commission in the Commonwealth that prohibits the consideration of size and design in reviewing new construction and additions In contrast, Ch 40C is explicit in its language permitting such review, as an important element in protecting the architectural and historic integrity of the existing building The Ad Hoc Committee proposes this language, copied from 40C, to protect its essential powers of review The Ad Hoc Committee also recognizes the importance of modification of historic structures for energy efficiency, and notes that the HDC has promulgated guidelines to inform the installation of solar facilities in the historic districts The Ad Hoc Committee therefore proposes that a policy statement be incorporated into the Special Act that reflects the HDC's willingness to accommodate this technology 8 Section 11 Enforcement. Add a sentence that notes that every day that a violation of the Special Act provisions is outstanding constitutes a separate offense and fines may be accessed accordingly The Ad Hoc Committee notes that the existing penalties for violation of Ch 447 -- fines of no more than $500 in total -- provide neither disincentives nor adequate mitigation for willful disregard of HDC actions By imposing a fine on a daily basis, the Lexington HDC would align itself with other Special Act communities and those HDCs that have adopted Ch 40C 9 Exhibit A Historic Districts Commission Special Act Chapter 447, Acts of 1956 CHAPTER 447, ACTS OF 1956 AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966, Ch. 268, Acts of 1978, Ch. 375, Acts of 1982, Ch. 426, Acts of 2000) Section 1 Purpose - The purpose of this act is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of historic buildings, places and districts through the development of appropriate settings for said buildings, places and districts and through the maintenance of said buildings, places and districts as landmarks of historic interest. Section 2 Creation of Districts - There are hereby established in the town of Lexington four historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3) Munroe Tavern District, and (4) East Village District, bounded as follows -- Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6 Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the property now numbered eleven Oakland Street; thence southerly along said westerly lot line and said westerly lot line extended to a point on the northerly line of the railroad right of way; thence easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue, thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road, thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the southerly line of Massachusetts Avenue, thence westerly along a line distant two hundred fifty feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant two hundred feet easterly from the easterly line of Waltham Street; thence southerly along a line distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight line to the intersection of the northerly lot line of the property now numbered twenty-two Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of 1 Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line of the property now numbered 11 Belfry Terrace, thence northeasterly along the easterly lot line of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace, thence northeasterly along the easterly lot line to the northerly lot line of the property now numbered 11 Belfry Terrace, thence northwesterly along the northerly lot line of the property now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906 Massachusetts Avenue to a point three hundred feet southerly from the southerly line of Massachusetts Avenue, thence northwesterly and then westerly along a line distant three hundred feet southwesterly and southerly from and parallel to the southwesterly and southerly line of Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly line of Forest Street to a point two hundred feet southerly from the southerly line of Massachusetts Avenue, thence westerly along a line distant two hundred feet southerly from and parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street; thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road with the southerly line of Lincoln Street; thence westerly and then southwesterly along said southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet westerly from the westerly line of Worthen Road, thence northwesterly across Lincoln Street to the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings Road, thence northwesterly along said northeasterly line of Hastings Road to the southeasterly line of Massachusetts Avenue, thence northwesterly in a straight line across Massachusetts Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the northeasterly line of Hastings Road, thence northwesterly along said northeasterly line of Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of Massachusetts Avenue, thence northeasterly along a line distant two hundred feet northwesterly from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of Worthen Road, thence northerly and then northeasterly along said southwesterly, westerly and the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line of Bedford Street with the southeasterly line of Camellia Place, thence northeasterly along said southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence northeasterly in a straight line across said railroad right of way to the point of beginning. Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the southerly lot line of the property now numbered forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection of the westerly line of Hancock Street with the southerly lot line of the property now numbered forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty- nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the 2 railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of Hancock Avenue, thence southerly along said easterly line of the railroad right of way to the point of beginning. Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue, thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road, thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue, thence easterly and then southeasterly along a line distant two hundred feet southerly and southwesterly from and parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly line of Percy Road, thence southerly by a straight line across Percy Road to a point in the southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of said southeasterly line of Percy Road with the westerly line of Tavern Lane, thence southerly and then southeasterly along a line distant two hundred feet westerly and southwesterly from and parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line extended to the southeasterly line of Eliot Road, thence easterly and then southeasterly along the southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road, thence northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet southwesterly from the southwesterly line of Massachusetts Avenue, thence southeasterly along a line distant two hundred feet southwesterly from and parallel to the southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road, thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue, thence northerly in a straight line across Massachusetts Avenue to the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-five Massachusetts Avenue, thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue, thence northwesterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line to the southerly line of the railroad right of way; thence westerly along said southerly line of the railroad right of way to the point of beginning. East Village District: Beginning at the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty- five Massachusetts Avenue, thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue, thence southeasterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly from the northwesterly line of Maple Street; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the 3 southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line of the railroad right of way to a point distant two hundred feet southeasterly from the southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two hundred feet northerly from the northeasterly line of Massachusetts Avenue, thence southeasterly and then northeasterly and easterly along a line distant two hundred feet northeasterly, northwesterly and northerly from the northeasterly, northwesterly and northerly line of Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and twenty-one Massachusetts Avenue, thence southerly along said westerly lot line and said westerly lot line extended to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue, thence westerly and then southwesterly and northwesterly along a line distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road, thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue, thence northerly in a straight line across Massachusetts Avenue to the point of beginning. The East Village Historic District shall also include an area bounded and described as follows Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said point being N 84°-43'-07" E distant 17 5+- feet from an iron pin as shown on a plan entitled, "Plan of Land in Lexington, Mass , Scale 1"=40', January 15, 1981, Joseph W Moore Co ," on file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°- 3P-53" E distant 18 00 feet to a point; thence S 13°-56'-31" E distant 168 86 feet to a point; thence S 74°-50'-45" W distant 36 07 feet to a point; then S 15°-09'-15" E distant 40 93 feet to a point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic District boundary; thence by said line northwesterly 272+- feet to the point of beginning. Wherever only part of any building or structure is within an historic district according to the boundary lines as heretofore defined in this section, there shall be included within the historic district the entire land area occupied, or to be occupied, by all of said building or structure so that the whole building or structure shall be considered to be within the historic district for the purposes of this act. Section 3 Definitions - As used in this act, the following words and terms shall have the following meanings - "Building", a combination of materials having a roof and forming a shelter for persons, animals or property "Building inspector", the building inspector of the town of Lexington. "Commission", the historic districts commission established by section four "Erected", the word "erected" includes the words "built", "constructed", "reconstructed", "restored", "altered", "enlarged", and "moved" 4 "Exterior architectural feature", the architectural style and general arrangement of such portion of the exterior of a building or structure as is designed to be open to view from a public street, way, or place including the kind, color and texture of the building materials of such portion and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such portion. "Historic districts", the districts established by section two "Person", the word "person" includes an individual, a corporate or unincorporated organization or association and the town of Lexington. "Structure", a combination of materials, other than a building, sign or billboard. Section 4 Creation and Organization of Historic Districts Commission. - There is hereby established in the town of Lexington an Historic Districts Commission consisting of five unpaid members who shall be residents of the town of Lexington, to be appointed by the selectmen of the town as follows - two from four candidates nominated by the Lexington Historical Society, one from two candidates nominated by The Lexington Arts and Crafts Society, Inc , one from two candidates nominated by the trustees of the Cary Memorial Library and one member selected at large by the selectmen. The members initially appointed hereunder shall serve, in the case of one member appointed upon nomination of the Lexington Historical Society, for a term expiring one year; in the case of the member appointed upon nomination of The Lexington Arts and Crafts Society, Inc , for a term expiring two years, in the case of the member appointed upon nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the case of the second member appointed upon nomination of the Lexington Historical Society, for a term expiring four years, in the case of the member appointed at large by the selectmen, for a term expiring five years, from January first following the year of such appointments The selectmen also shall appoint for terms of five years from January first following the year of such appointments four associate members of the commission selected from candidates nominated by the aforesaid organizations and trustees, each such organization and trustees to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years Vacancies in the commission shall be filled in the same manner for the unexpired term Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. The commission shall elect a chairman and a secretary from its membership In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting. 5 Section 5 Limitations - (a) No building or structure, except as provided under section six, shall be erected within the historic districts unless and until an application for a certificate of appropriateness as to exterior architectural features which are subject to view from a public street, way, or place shall have been filed with the commission and either a certificate of appropriateness, or a certificate that no exterior architectural feature is involved, shall have been issued by the commission. (b) No building or structure within the historic districts shall be changed as to exterior color features which are subject to view from a public street, way, or place unless and until an application for a certificate of appropriateness as to change in such color features shall have been filed with the commission and such certificate shall have been issued by the commission. (c) No building or structure within the historic districts, except as provided under section six, shall be demolished or removed unless and until an application for a permit to demolish or remove the same shall have been filed with the commission, and such permit shall have been issued by the commission. (d) No occupational, commercial, or other sign, except as provided under section six, and no billboard shall be erected or displayed on any lot, or the exterior of any building or structure within the historic districts unless and until an application for a certificate of appropriateness shall have been filed with the commission, and such certificate shall have been issued by the commission. In the case of any such sign or billboard erected or displayed prior to the effective date of this act, there shall be allowed a period of five years, subsequent to said effective date, in which to obtain such certificate (See note 1) (e) Except in cases excluded by section six - (1) No permit shall be issued by the building inspector for any building or structure to be erected within the historic districts, unless the application for said permit shall be accompanied either by a certificate of appropriateness or a certificate that no exterior architectural feature is involved, issued under section nine (2) No permit shall be issued by the building inspector for the demolition or removal of any building or structure within the historic districts unless the application for said permit shall be accompanied by a permit issued under said section nine Section 6 Exclusions - (a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts, nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector shall certify is required by the public safety because of an unsafe or dangerous condition, nor shall anything in this act be construed to prevent the erection, construction, 6 reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act. (See note 2) (b) The following structures and signs may be erected or displayed within the historic districts without the filing of an application for, or the issuance of, a certificate of appropriateness - 1 Section 2, Chapter 579, Acts of 1966 provides "In the case of any sign or billboard erected or displayed on the effective dale of this act withal all historic district established by this act or withal any territory added by this act to an existing historic district there shall he allowed a period of five years subsequent to said effective dale in which to obtain the certificate of appropriateness required by paragraph (d) of section five of chapter four hundred and forty-seven of the acts of nineteen hundred andffty-six " 2 Section 3, Chapter 579, Acts of 1966 provides "The provisions of this act shall not he construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any exterior architectural feature, under a permit issued by the building inspector prior to the effective date of this act, withal all historic district established by this act or withal any territory added by this act to an existing historic district " (1) Temporary structures or signs for use in connection with any official celebration or parade, or any charitable drive in the town, provided that any such structure or sign shall be removed within three days following the termination of the celebration, parade or charitable drive for which said structure or sign shall have been erected or displayed. Any other temporary structures or signs which the commission shall determine from time to time may be excluded from the provisions of section five without substantial derogation from the intent and purposes of this act. (2) Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed where such premises are located within an R-1 one family dwelling district as defined in the Zoning By-Law of the town of Lexington. (c) The exterior color of any building or structure within the historic districts may be changed to white without the filing of an application for, or the issuance of, a certificate of appropriateness Section 7 Applications to be Filed with Commission. - Excepting cases excluded by section six, any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish, 7 remove, or change the exterior color features of any building or structure now or hereafter within the historic districts, or to erect or display within the historic districts any sign or billboard for which a certificate of appropriateness is required under paragraph (d) of section five, shall file with the commission an application for a certificate of appropriateness or a permit for demolition or removal, as the case may be, together with such plans, elevations, specifications, material and other information as shall be deemed necessary by the commission to enable it to make a determination on the application. Section 8 Meetings Hearings Time for Making Determinations - Meetings of the commission shall be held at the call of the chairman and also when called in such other manner as the commission shall determine in its rules Five members, including associate members, of the commission shall constitute a quorum The commission shall determine promptly after the filing of an application for a certificate of appropriateness as to exterior architectural features, whether the application involved any such features If the commission determines that such application involves any exterior architectural features, the commission shall hold a public hearing on such application. The commission also shall hold a public hearing on all other applications required to be filed with it under this act, except that the commission may approve an application for a change in exterior color features without holding a hearing if it determines that the color change proposed is appropriate The commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the commission to be affected thereby as they appear on the most recent local tax list, to the planning board of the town, and to such other persons as the commission shall deem entitled to notice As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or within such further time as the applicant shall allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within said sixty days, or within such further time allowed by the applicant, the commission shall be deemed to have approved the application. Section 9 Powers Functions and Duties of Commission. - The commission shall have the following powers, functions and duties (a) It shall pass upon - (1) The appropriateness of exterior architectural features of buildings and structures to be erected within the historic districts wherever such features are subject to view from a public street, way, or place (2) The appropriateness of changes in exterior color features of buildings and structures within the historic districts wherever such features are subject to view from a public street, way, or place 8 (3) The demolition or removal of any building or structure within the historic districts The commission may refuse a permit for the demolition or removal of any building or structure of architectural or historic interest, the removal of which in the opinion of the commission would be detrimental to the public interest. (4) The appropriateness of the erection or display of occupational, commercial or other signs and billboards within the historic districts wherever a certificate of appropriateness for any such sign or billboard is required under paragraph (d) of section five In passing upon appropriateness, demolition or removal, the commission shall determine whether the features, demolition or removal, sign or billboard involved will be appropriate for the purposes of this act and, if it shall be determined to be inappropriate, shall determine whether, owing to conditions especially affecting the building, structure, sign or billboard involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this act. If the commission determines that the features, demolition or removal, sign or billboard involved will be appropriate or, although inappropriate, owing to conditions as aforesaid, failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation as aforesaid, the commission shall approve the application, but if the commission does not so determine, the application shall be disapproved. In passing upon appropriateness the commission shall consider, among other things, the historical value and significance of the building or structure, the general design, arrangement, texture, material, and color of the features, sign or billboard involved and the relation of such factors to similar factors of buildings and structures in the immediate surroundings The commission shall not consider relative size of buildings and structures, or detailed designs, interior arrangement and other building features not subject to public view In approving an application the commission may impose conditions which, if the certificate of appropriateness is acted upon, shall be binding upon the applicant, the owner of the property and his successors in title The concurring vote of three members, including associate members, of the commission shall be necessary to make a determination in favor of the applicant on any matter upon which the commission is required to pass under this act. (b) In the case of an approval by the commission of an application for a certificate of appropriateness or a permit for demolition or removal, or in the event an application is deemed approved through failure to make a determination within the time specified in 9 section eight, the commission shall cause a certificate of appropriateness or a permit for demolition or removal, as the case may be, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant. (c) In the case of disapproval of an application for a certificate of appropriateness or a permit for demolition or removal, the commission shall cause a notice of its determination, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant, setting forth therein the reasons for its determination, and, as to applications for a certificate of appropriateness, the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color, and similar factors The commission shall not make any recommendations except for the purpose of preventing developments obviously incongruous to the purposes set forth in this act. (d) In the case of a determination by the commission that an application for a certificate of appropriateness does not involve any exterior architectural feature, the commission shall cause a certificate of such determination, dated and signed by its chairman or chairman pro tempore, to be issued forthwith to the applicant. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations, and may make such rules and regulations consistent with this act and prescribe such forms as it shall deem desirable and necessary (f) The commission shall file with the town clerk a notice of all determinations made by it, and approvals of applications through failure of the commission to make a determination within the time allowed under section eight, except that no notice of a determination that an application for a certificate of appropriateness does not involve any exterior architectural feature shall be filed. (g) The commission may incur expenses necessary to the carrying on of its work within the amount of its appropriation. Section 10 Appeals - Any person aggrieved by a determination of the commission or by an approval of an application through failure of the commission to make a determination within the time allowed under section eight, whether or not previously a party to the proceeding, or any officer or board of the town may, within fifteen days after the filing of a notice of such determination or approval with the town clerk, appeal to the superior court sitting in equity for the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and if, upon the facts so determined, such determination or approval is found to exceed the authority of the commission, the court shall annul such determination or approval and remand the case for further action by the commission. The remedies provided by this section shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted in bad faith or with malice in the matter from which the appeal was taken. 10 Costs shall not be allowed against the party appealing from such determination or approval of the commission unless it shall appear to the court that said party acted in bad faith or with malice in making the appeal to the court. Section 11 Enforcement. - Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce the provisions of this act and the determinations, rulings, and regulations issued thereunder and may restrain by injunction violations thereof and issue such other orders for relief of violations as may be required. In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section 21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of this act and the determinations, rulings and regulations issued under this act. (Added by Chapter 426 of the Acts of 2000) Section 12 Severability of Provisions - The provisions of this act shall be deemed to be severable, and in case any section, paragraph or part of this act shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity of any other sections, paragraphs or parts of this act. Section 13 Effective Date of Act. - This act shall take effect upon its acceptance by the town by vote of its town meeting members at an annual town meeting or any special town meeting called for the purpose Approved June 11, 1956 Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5 ) 11 Exhibit B Massachusetts General Laws Chapter 40C GENERAL LAWS OF MASSACHUSETTS PART I. ADMINISTRATION OF THE GOVERNMENT TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 40C HISTORIC DISTRICTS Chapter 40C Section 1 Citation. Chapter 40C Section 2 Purpose Chapter 40C Section 3 Establishment of historic districts pre-requisites enlargement or reduction of boundaries amendment of creating ordinance filing of maps Chapter 40C Section 4 Study committees commissions establishment membership terms vacancies compensation, officers Chapter 40C Section 5 Definitions Chapter 40C Section 6 Certificates of appropriateness non-applicability or hardship necessity- applications and plans etc building and demolition permits restricted. Chapter 40C Section 7 Factors to be considered by commission. Chapter 40C Section 8 Review authority of commission over certain categories of buildings structures or exterior architectural features limited, authorization. Chapter 40C Section 9 Maintenance and repair or replacement. Chapter 40C Section 10 Additional powers functions and duties of commission. Chapter 40C Section 11 Approval or disapproval of exterior architectural features by commission, meetings applications for certificates public hearings notices Chapter 40C Section 12 Review procedure provided by local ordinance or by-law Chapter 40C Section 12A Appeal to superior court. Chapter 40C Section 13 Jurisdiction of superior court: penalty Chapter 40C Section 14 Powers and duties of commissions established as historical commissions Chapter 40C Section 15 Filing of ordinances maps reports etc Chapter 40C Section 16 Special historic districts acceptance and effect of this chapter 1 Chapter 40C Section 17 Severability Section 1 Citation This chapter shall be known and may be cited as the Historic Districts Act. Section 2. Purpose The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. Section 3 Establishment of historic districts, pre-requisites, enlargement or reduction of boundaries, amendment of creating ordinance, filing of maps A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the following provisions Prior to the establishment of any historic district in a city or town an investigation and report on the historical and architectural significance of the buildings, structures or sites to be included in the proposed historic district or districts shall be made by an historic district study committee or by an historic district commission, as provided in this section and in section four, who shall transmit copies of the report to the planning board, if any, of the city or town, and to the Massachusetts historical commission for their respective consideration and recommendations The buildings, structures or sites to be included in the proposed historic district may consist of one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land. The Massachusetts historical commission may consult with the director of economic development, the director of housing and community development and the commissioner of environmental management with respect to such reports, and may make guidelines for such reports, and, after public hearing, establish rules as to their form and manner of transmission. Not less than sixty days after such transmittal the study committee shall hold a public hearing on the report after due notice given at least fourteen days prior to the date thereof, which shall include a written notice mailed postage prepaid, to the owners as they appear on the most recent real estate tax list of the board of assessors of all properties to be included in such district or districts The committee shall submit a final report with its recommendations, a map of the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council or town meeting. An historic district may be enlarged or reduced or an additional historic district in a city or town created in the manner provided for creation of the initial district, except that (a) in the case of the enlargement or reduction of an existing historic district the investigation, report and hearing shall be by the historic district commission having jurisdiction over such historic district instead of by a study committee, (b) in the case of creation of an additional historic district the investigation, report and hearing shall be by the historic district commission of the city or town, or by the 2 historic district commissions acting jointly if there be more than one, instead of by a study committee unless the commission or commissions recommend otherwise, and (c) if the district is to be reduced written notice as above provided of the commission's hearing on the proposal shall be given to said owners of each property in the district. Any ordinance or by-law creating an historic district may, from time to time, be amended in any manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, provided that the substance of such amendment has first been submitted to the historic district commission having jurisdiction over such district for its recommendation and its recommendation has been received or sixty days have elapsed without such recommendation. No ordinance or by-law creating an historic district, or changing the boundaries of an historic district, shall become effective until a map or maps setting forth the boundaries of the historic district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk and has been recorded in the registry of deeds for the county or district in which the city or town is located, and the provisions of section thirteen A of chapter thirty-six shall not apply Section 4 Study committees, commissions, establishment; membership, terms, vacancies, compensation, officers An historic district study committee may be established in any city or town by vote of the city council or board of selectmen for the purpose of making an investigation of the desirability of establishing an historic district or districts therein. The study committee shall consist of not less than three nor more than seven members appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the board of realtors, if any, covering the area. If within thirty days after submission of a written request for nominees to any of the organizations herein named no such nominations have been made the appointing body may proceed to appoint the study committee without nominations by such organization. Whenever an historic district is established as provided in section three an historic district commission shall be established which shall consist of not less than three nor more than seven members An historic district commission shall be appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, in the same manner as an historic district study committee unless (a) the report recommending its establishment recommends alternate or additional organizations to submit nominees for membership and states reasons why such alternate or additional organizations would be appropriate or more appropriate for the particular city or town, the Massachusetts historical commission does not recommend otherwise prior to the public hearing on the establishment of the district, and the ordinance or by- law so provides, or (b) there is an existing historic district commission in the city or town which the report recommends should administer the new district, and the ordinance or by-law so 3 provides Unless the report recommends otherwise on account of the small number of residents or individual property owners, and the ordinance or by-law so provides, the members of the historic district commission shall include one or more residents of or owners of property in an historic district to be administered by the commission. If within thirty days after submission of a written request for nominees to an organization entitled to submit nominations for membership on the commission no such nominations have been made the appointing body may proceed to make the appointment to the commission without nomination by such organization. The appointments to membership in the commission shall be so arranged that the term of at least one member will expire each year, and their successors shall be appointed in the same manner as the original appointment for terms of three years Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may provide for the appointment of alternate members not exceeding in number the principal members who need not be from nominees of organizations entitled to nominate members In case of the absence, inability to act or unwillingness to act because of self-interest on the part of a member of the commission, his place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office after the expiration of his term until his successor is duly appointed and qualified. All members shall serve without compensation. The commission shall elect annually a chairman and vice-chairman from its own number and a secretary from within or without its number Section 5. Definitions As used in this chapter the word "altered" includes the words "rebuilt", "reconstructed", "restored", "removed" and "demolished" and the phrase "changed in exterior color", the word "building" means a combination of materials forming a shelter for persons, animals or property; the word "commission" means the commission acting as the historic district commission, the word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved", the words "exterior architectural feature" means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures, the words "person aggrieved" mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts, and the word "structure" means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway Section 6. Certificates of appropriateness, non-applicability or hardship, necessity; applications and plans, etc., building and demolition permits restricted Except as the ordinance or by-law may otherwise provide in accordance with section eight or said section eight or nine, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration. 4 Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application. No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a city or town or any department thereof until the certificate required by this section has been issued by the commission. Section 7 Factors to be considered by commission In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access The commission shall not consider interior arrangements or architectural features not subject to public view The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district. Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited, authorization (a) Any city or town may provide in the ordinance or by-law establishing a district or in any amendment thereof that the authority of the commission shall not extend to the review of one or more of the following categories of buildings or structures or exterior architectural features in the historic district, and, in this event, the buildings or structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission 5 (1) Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify (2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level (3)Walls and fences, or either of them (4) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them. (5) The color of paint. (6) The color of materials used on roofs (7) Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them (8) The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence (b) A commission may determine from time to time after public hearing that certain categories of exterior architectural features, colors, structures or signs, including, without limitation, any of those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit the authority of the commission with respect thereto, may be constructed or altered without review by the commission without causing substantial derogation from the intent and purposes of this chapter (c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the authority of the commission shall be limited to exterior architectural features within a district which are subject to view from one or more designated public streets, public ways, public parks or public bodies of water, although other portions of buildings or structures within the district may be otherwise subject to public view, and, in the absence of such provision of the ordinance or by-law, a commission may determine from time to time after public hearing that the authority of the commission may be so limited without substantial derogation from the intent and purposes of this chapter 6 (d) Upon request the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of paragraph (a), (b) or(c) Section 9 Maintenance, repair or replacement. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by- law Section 10 Additional powers, functions and duties of commission The commission shall have the following additional powers, functions and duties —(a) If the commission determines that the construction or alteration for which an application for a certificate of appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness the commission shall place upon its records the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefor as set forth in the records of the commission, to be issued to the applicant, and the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features Prior to the issuance of any disapproval the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal which, if made, would make the application acceptable to the commission. If within fourteen days of the receipt of such a notice the applicant files a written modification of his application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant. (b) In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of section eight, the commission shall cause a certificate of nonapplicability to be issued to the applicant. (c) If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the 7 public welfare and without substantial derogation from the intent and purposes of this chapter If the commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or in the event of failure to make a determination on an application within the time specified in section eleven, the commission shall cause a certificate of hardship to be issued to the applicant. (d) Each certificate issued by the commission shall be dated and signed by its chairman, vice- chairman, secretary or such other person designated by the commission to sign such certificates on its behalf (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations and of the vote of each member participating therein, and may adopt and amend such rules and regulations not inconsistent with the provisions of this act and prescribe such forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of its business The commission shall file a copy of any such rules and regulations with the city or town clerk. (f) The commission shall file with the city or town clerk and with any department of the city or town having authority to issue building permits a copy or notice of all certificates and determinations of disapproval issued by it. (g) A commission may after public hearing set forth in such manner as it may determine the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the commission for its approval (h) The commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes The commission may administer on behalf of the city or town any properties or easements, restrictions or other interests in real property which the city or town may have or may accept as gifts or otherwise and which the city or town may designate the commission as the administrator thereof (i) The commission shall have, in addition to the powers, authority and duties granted to it by this act, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the city council or town meeting. Section 11 Approval or disapproval of exterior architectural features by commission, meetings, applications for certificates, public hearings, notices Meetings of a commission shall be held at the call of the chairman and shall be called at the request of two members of the commission and in such other manner as the commission shall determine in its rules A majority of the members of a commission shall constitute a quorum The 8 concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship A commission shall determine promptly, and in all events within fourteen days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If a commission determines that such application involves any such features which are subject to approval by the commission the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided. The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the board of assessors, to the planning board of the city or town, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or such lesser period as the ordinance or by-law may provide, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application, provided, however, that if the commission dispenses with a public hearing on an application notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as above provided and ten days shall elapse after the mailing of such notice before the commission may act upon such application. Section 12. Review procedure provided by local ordinance or by-law A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the city or town is a member If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency 9 The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court as provided in section twelve A Section 12A. Appeal to superior court Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court. Section 13 Jurisdiction of superior court; penalty The superior court sitting in equity for the county in which the city or town is situated shall have jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon the petition of the mayor or of the board of selectmen or of the commission, restrain by injunction violations thereof, and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than ten dollars nor more than five hundred dollars Each day during any portion of which a violation continues to exist shall constitute a separate offense Section 14 Powers and duties of commissions established as historical commissions If the city council or town meeting so votes a commission established hereunder shall have the powers and duties of an historical commission as provided in section eight D of chapter forty and, in this event, a commission may be entitled an historical commission. Section 15. Filing of ordinances, maps, reports, etc. 10 All ordinance or by-laws creating an historic district adopted by a city or town under authority of this chapter and under authority of any special law, unless the special law shall otherwise provide, amendments thereto, maps of historic districts created thereunder, and annual reports and other publications of commissions, and rosters of membership therein, shall be filed with the Massachusetts historical commission. Section 16. Special historic districts, acceptance and effect of this chapter A city or town in which there is located an historic district established under a special law may, upon recommendation of the historic district commission having jurisdiction over such district, accept the provisions of this chapter with respect to such district by a two-thirds vote of the city council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic district shall be subject to the provisions of this chapter notwithstanding the terms of any special act pursuant to which such historic district was created. The provisions of this chapter shall not impair the validity of an historic district established under any special act. Section 17 Severability The provisions of this chapter shall be deemed to be severable If any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect. 11 Exhibit C Chapter 447 vs. MGL Chapter 40C Comparison Chart Authority Lexington Special Act c.447,Acts of 1956, as M.G.L. c.40C amended Purpose §1 The purpose of this act is to promote the §2 The purpose of this chapter is to pi educational, cultural, economic and general welfare of cultural, economic and general welfai the public through the preservation and protection of the preservation and protection of the histonc buildings,places and distncts through the characteristics of buildings and place development of appropriate settings for said buildings, history of the commonwealth and its places and distncts and through the maintenance of said architecture, and through the mamten buildings,places and districts as landmarks of historic of settings for such buildings and pla( interest encouragement of design compatible Key Definitions §3 "Erected" -includes the words "built", §5 - altered' includes the words ret "constructed", "reconstructed",restored, "altered", restored removed and demolish "enlarged", and "moved" changed in exterior color -"Exterior Architectural feature" the architectural - constructed includes the words t style and general arrangement of such portion of the installed enlarged and moved exterior of a building or structure as is designed to be -"exterior architectural feature m( open to view from a public street,way, or place exterior of a building or structure as i including the kind, color and texture of the building public street,public way,public park matenals of such portion and the type and style of all including but not limited to the archin windows, doors, lights, signs and other fixtures arrangement and setting thereof,the k appurtenant to such portion exterior building materials, the color matenals applied to exterior surfaces windows, doors, lights, signs and othf fixtures - person aggrieved mean the applic adjoining property, an owner of prop( histonc district as property within on( property lines and any charitable corf its purposes is the preservation of hist distncts Membership §4 -Five [full] members, two from four candidates §4 -not less than three nor more than nominated by the Lexington Historical Society, one including one member from two nom from two candidates nominated by the Lexington Arts local historical society or, in the absei and Crafts Society, one from two candidates nominated Society for the Preservation of New I by the trustees of the Cary Memorial Library and one member from two nominees submitte selected at large by the Board of Selectmen American Institute of Architects cove 1 member from two nominees of the bo -Four associate members selected from pool of covering the area,unless alternate or candidates nominated by the aforesaid organizations, would be more appropnate two each when two+vacancies, one each when one -alternate members not exceeding the vacancy numbers,who need not be from nomi entitled to nominate members -Any member or associate member may be removed for cause by the appointing authority upon wntten charges and after a public heanng Coverage §5- buildings erected, §6 - buildings or structures (mcludm, - changed as to extenor color and altered in any way that affects exteno -demolished or removed, and -occupational, commercial or other signs and billboards §9(a) -In passing upon appropnateness the commission §7 - In passing upon matters before it Factors to be shall consider, among other things, the historical value consider, among other things, the hist considered by the and significance of the building or structure the general value and significance of the site, bui'. Commission design, arrangement, texture, matenal, and color of the general design, arrangement, texture, features, sign or billboard involved and the relation of the features involved, and the relation such factors to similar factors of buildings and similar features of buildings and strut structures in the immediate surroundings The area.In the case of new construction I commission shall not consider relative size of buildings or structures the commissio buildings, and structures,or detailed designs,mtenor appropriateness of the size and shape arrangement and other building features not subject to structure both in relation to the land a public view building or structure is situated and tc structures in the vicinity, and the com §9(c) - The commission shall not make any appropriate cases impose dimensiona recommendations except for the purpose of preventing requirements in addition to those reqs: developments obviously incongruous to the purposes ordinance or by-law When ruling on set forth in this act certificates of appropriateness for soli defined in section one A of chapter fc shall also consider the policy of the c encourage the use of solar energy sys access The commission shall not con arrangements or architectural features 2 view - The commission shall not make any requirement except for the purpose of developments incongruous to the hist, architectural charactenstics of the sur histonc distnct. Hardship §9(c) - If[the requested change] shall be determined to §10(c) - in the event of an applicatioi be inappropnate, the commission shall determine hardship, the commission shall detern whether, owing to conditions especially affecting the conditions especially affecting the bu building, etc , but not affecting the histonc distnct involved, but not affecting the histone generally, failure to approve an application will involve failure to approve an application will a substantial hardship to the applicant and whether such hardship, financial or otherwise, to th application may be approved without substantial such application may be approved wt detnment to the public welfare and without substantial detnment to the public welfare and w derogation from the intent and purposes of this act derogation from the intent and purpos Exclusions from §6(a) -ordinary maintenance and repair §9 Nothing in this chapter shall be co review - if certified by the building inspector that action is ordinary maintenance,repair or repla( required by the public safety because of an unsafe or architectural feature within an histonc dangerous condition involve a change in design,material, -§6(b) - temporary structures or signs appearance thereof,nor to prevent lar -real estate signs trees or shrubs,nor construed to prey( -occupational signs requirements certified by a duly authc be necessary for public safety becaus( - §6(c) The extenor color of any building or structure dangerous condition within the histonc distncts may be changed to white without the filing of an application for,or the issuance §8(a) -Any city or town may provide of, a certificate of appropriateness law establishing a distnct or in any ar the authority of the commission shall of one or more of the following categ structures or extenor architectural fea distnct, and, in this event, the buildin exterior architectural features so exch or altered within the histonc distnct v 3 commission. (1) Temporary structures or s to such conditions as to durat lighting,removal and similar commission may reasonably (2) Terraces,walks,driveway structures,or any one or mon any such structure is substant (3) Walls and fences, or eithe (4) Storm doors and windows conditioners,lighting fixtures appurtenances,or any one or (5) The color of paint (6) The color of matenals use (7) Signs of not more than on connection with use of a resit home occupation or for profe provided only one such sign connection with each resideni illuminated only indirectly- connection ndirectlyconnection with the nonresidf building or structure which is square feet in area, consist of without symbol or trademark illuminated only indirectly o (8) The reconstruction, subst� exterior design,of a building, architectural feature damaged 4 storm or other disaster,prove is begun within one year thea forward with due diligence (b) A commission may determine fro] public heanng that certain categones features,colors, structures or signs,m limitation, any of those enumerated u the provisions of the ordinance or by- authonty of the commission with resf constructed or altered without review without causing substantial derogatio; purposes of this chapter (c) A city or town may provide in its 1 in any amendment thereof,that the au commission shall be limited to extent within a distnct which are subject to designated public streets,public ways bodies of water, although other portio structures within the distnct may be o public view, and,in the absence of su ordinance or by-law, a commission m to time after public heanng that the at commission may be so limited withal from the intent and purposes of this cl Notice of hearings, §8--notice published in newspaper 14 days before §11 -public notice in manner deemed determinations heanng; notice to applicant and abutters 7 days before commission, and to applicants and ab heanng heanng - Determinations must be made within 60 days or -Determinations must be made withn application is deemed approved is deemed approved - Determination of non-applicability to be made -Determinations of non-applicability forthwith. No separate limit for hardship made within 14 days of application determination 5 Quorum, votes needed §8-Five members, including associate members, of the §11 - majonty of members constitute to approve commission shall constitute a quorum -approval by concumng vote of a ma §9(a) - approval by concumng vote of three members, including associate members Non-Judicial Review §12 - aggneved parties may request n competence designated by the region which town is a member Appeal §10-Aggneved party may appeal to Supenor Court §12A-Aggneved party may appeal tc within 15 days of filing of determination 20 days of filing of determination - Costs not allowed against the commission unless it - costs not allowed against the comm: acted in bad faith or with malice costs not allowed with gross negligence or in bad faith against party appealing unless it acted in bad faith or allowed against party appealing unles with malice with malice Penalties/Enforcement §11 Any person who violates any of the provisions of §13 Whoever violates any of the pray the act shall be guilty of a misdemeanor, and upon shall be punished by a fine of not less conviction shall be fined not less than $10 nor more $500 Each day dunng any portion of than $500 continues to exist shall constitute a se The supenor court shall have jurisdiction to enforce the provisions of this act and the determinations,rulings The supenor court sitting in equity fo and regulations issued thereunder and may restrain by the city or town is situated shall have injunction violations thereof and issue such other orders the provisions of this chapter and any for relief of violations as may be required enacted hereunder and the determmat regulations issued pursuant thereto an In addition to the foregoing,the town of Lexington may of the board of selectmen or of the co by bylaw provide for the noncnminal disposition of injunction violations thereof; and,wit violations of this act and the determinations,rulings court may order the removal of any bi and regulations issued under this act exterior architectural feature construc or the substantial restoration of any b exterior architectural feature altered o violation thereof, and may issue such may be equitable Filing with §15 All ordinance or by-laws creating Massachusetts adopted by a city or town under authc 6 Historical under authonty of any special law, un Commission shall otherwise provide, amendments distncts created thereunder, and annu publications of commissions, and rose therein, shall be filed with the Massac commission. Special Act Historic §16 A city or town in which there is l District Transition distnct established under a special la\ Provisions recommendation of the histonc distnc junsdiction over such distnct, accept chapter with respect to such distnct b the city council in a city or by two-thi meeting in a town, and thereafter sucl be subject to the provisions of this chi the terms of any special act pursuant distnct was created. The provisions o impair the validity of an histonc distr special act. Judicial Precedents One published case citing Act. Approximately 30 cases cite G.L c 4 (as of 12/21/17) 7 Exhibit D Proposed Amendment of Chapter 447 ARTICLE 45 AMEND "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON" (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966, Ch. 268, Acts of 1978, Ch. 375, Acts of 1982, Ch. 426, Acts of 2000) Proposed Motion Amend the Code of Lexington, Appendix Chapter A201, Special Acts of Ch. 447, Acts of 1956, as previously amended, as follows (a) Section 3 Definitions (i) Add a new definition of"Person aggrieved", as follows "Person aggrieved', the applicant, the owner of any adjoining property, any owner of property within the same historic district as the applicant's property, any owner of property within one hundred feet of the applicant's property lines, and any charitable corporation in which one of its purposes is the preservation of historic structures or districts " (ii) Amend the definition of "Structure" by deleting said section in its entirety and substituting the following "'Structure', a combination of materials, other than a building, including a sign, fence, wall, terrace, walk, sidewalk or driveway, and any similar structures " (b) Section 4 Creation and organization of Historic Districts Commission. Delete all text following the first paragraph and substitute the following "For any appointments following [date of Special Act Amendment], the selectmen shall appoint, for terms of five years, five unpaid members who shall be residents of the town of Lexington, as follows - two from four candidates nominated by the Lexington Historical Society, two from four candidates nominated by the Lexington Design Advisory Board, and one member selected at large by the selectmen. From and after said date, the selectmen also shall appoint for terms of five years, four associate members of the commission selected from candidates nominated by the aforesaid organizations, each such organization to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. 1 In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years Vacancies in the commission shall be filled in the same manner as aforesaid for the unexpired term Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. In making such appointments, the selectmen shall consider the following criteria candidates should have a sense of dedication to historical heritage, historic preservation, and Lexington's special townscape and the concept of architectural continuity The commission shall elect a chairman from its membership In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting." (c) Section 5 Limitations Amend subsection (d) by deleting the reference "See note 1" appearing at the end thereof (d) Section 6 Exclusions (i) Amend subsection (a) by deleting said subsection in its entirety and substituting the following "(a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts, nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector and the director of the Lexington Board of Health and/or the chief of the Lexington Fire Department shall certify to the commission is immediately required for public safety because of an unsafe or dangerous condition, nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act." (ii) Amend subsection (b) by deleting the italicized paragraphs 1 and 2 in their entirety 2 (iii) Further amend subsection (b) by deleting the language "without substantial derogation from the intent and purposes of this act" at the end of subsection (b)(1) and substituting the following "subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify " (iv) Amend subsection (c) by deleting said subsection in its entirety (e) Section 8 Meetings Hearings Time for Making Determinations Amend the third paragraph by deleting the words "deemed by the commission to be affected thereby" and replacing them with the words "within 100 feet of the applicant's property, at the address for such owners" (f) Section 9 Powers Functions and Duties of Commission Amend the third paragraph of subsection (a) (beginning "In passing upon appropriateness the commission shall consider") by deleting the last sentence of said paragraph and replacing it with the following: "In the case of new construction or additions to existing buildings or structures, the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity When ruling on applications for certificates of appropriateness for solar energy systems, the commission shall also consider the policy of the Commonwealth to encourage the use of solar energy systems and to protect solar access The commission shall not consider interior arrangement and other building features not subject to public view " (g) Section 11 Enforcement. Add a new sentence at the end thereof, to read as follows "Each day during any portion of which a violation continues to exist shall constitute a separate offense " 3 Exhibit E Ch. 447 with Proposed Amendments IIIII 000. Ij 11, .0. u' III I I I''. II II I CHAPTER 447, ACTS OF 1956 AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966, Ch. 268, Acts of 1978, Ch. 375, Acts of 1982, Ch. 426, Acts of 2000) Section 1 Purpose - The purpose of this act is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of historic buildings, places and districts through the development of appropriate settings for said buildings, places and districts and through the maintenance of said buildings, places and districts as landmarks of historic interest. Section 2 Creation of Districts - There are hereby established in the town of Lexington four historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3) Munroe Tavern District, and (4) East Village District, bounded as follows -- Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6 Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the property now numbered eleven Oakland Street; thence southerly along said westerly lot line and said westerly lot line extended to a point on the northerly line of the railroad right of way; thence easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue, thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road, thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the southerly line of Massachusetts Avenue, thence westerly along a line distant two hundred fifty feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant two hundred feet easterly from the easterly line of Waltham Street; thence southerly along a line distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight line to the intersection of the northerly lot line of the property now numbered twenty-two 1 Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line of the property now numbered 11 Belfry Terrace, thence northeasterly along the easterly lot line of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace, thence northeasterly along the easterly lot line to the northerly lot line of the property now numbered 11 Belfry Terrace, thence northwesterly along the northerly lot line of the property now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906 Massachusetts Avenue to a point three hundred feet southerly from the southerly line of Massachusetts Avenue, thence northwesterly and then westerly along a line distant three hundred feet southwesterly and southerly from and parallel to the southwesterly and southerly line of Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly line of Forest Street to a point two hundred feet southerly from the southerly line of Massachusetts Avenue, thence westerly along a line distant two hundred feet southerly from and parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street; thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road with the southerly line of Lincoln Street; thence westerly and then southwesterly along said southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet westerly from the westerly line of Worthen Road, thence northwesterly across Lincoln Street to the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings Road, thence northwesterly along said northeasterly line of Hastings Road to the southeasterly line of Massachusetts Avenue, thence northwesterly in a straight line across Massachusetts Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the northeasterly line of Hastings Road, thence northwesterly along said northeasterly line of Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of Massachusetts Avenue, thence northeasterly along a line distant two hundred feet northwesterly from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of Worthen Road, thence northerly and then northeasterly along said southwesterly, westerly and the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line of Bedford Street with the southeasterly line of Camellia Place, thence northeasterly along said southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence northeasterly in a straight line across said railroad right of way to the point of beginning. Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the southerly lot line of the property now numbered forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection of the westerly line of Hancock Street with the southerly lot line of the property now numbered 2 forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty- nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of Hancock Avenue, thence southerly along said easterly line of the railroad right of way to the point of beginning. Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue, thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road, thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue, thence easterly and then southeasterly along a line distant two hundred feet southerly and southwesterly from and parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly line of Percy Road, thence southerly by a straight line across Percy Road to a point in the southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of said southeasterly line of Percy Road with the westerly line of Tavern Lane, thence southerly and then southeasterly along a line distant two hundred feet westerly and southwesterly from and parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line extended to the southeasterly line of Eliot Road, thence easterly and then southeasterly along the southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road, thence northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet southwesterly from the southwesterly line of Massachusetts Avenue, thence southeasterly along a line distant two hundred feet southwesterly from and parallel to the southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road, thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue, thence northerly in a straight line across Massachusetts Avenue to the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-five Massachusetts Avenue, thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue, thence northwesterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line to the southerly line of the railroad right of way; thence westerly along said southerly line of the railroad right of way to the point of beginning. East Village District: Beginning at the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty- five Massachusetts Avenue, thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue, thence southeasterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly 3 from the northwesterly line of Maple Street; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line of the railroad right of way to a point distant two hundred feet southeasterly from the southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two hundred feet northerly from the northeasterly line of Massachusetts Avenue, thence southeasterly and then northeasterly and easterly along a line distant two hundred feet northeasterly, northwesterly and northerly from the northeasterly, northwesterly and northerly line of Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and twenty-one Massachusetts Avenue, thence southerly along said westerly lot line and said westerly lot line extended to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue, thence westerly and then southwesterly and northwesterly along a line distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road, thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue, thence northerly in a straight line across Massachusetts Avenue to the point of beginning. The East Village Historic District shall also include an area bounded and described as follows Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said point being N 84°-43'-07" E distant 17 5+- feet from an iron pin as shown on a plan entitled, "Plan of Land in Lexington, Mass , Scale 1"=40', January 15, 1981, Joseph W Moore Co ," on file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°- 3P-53" E distant 18 00 feet to a point; thence S 13°-56'-31" E distant 168 86 feet to a point; thence S 74°-50'-45" W distant 36 07 feet to a point; then S 15°-09'-15" E distant 40 93 feet to a point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic District boundary; thence by said line northwesterly 272+- feet to the point of beginning. Wherever only part of any building or structure is within an historic district according to the boundary lines as heretofore defined in this section, there shall be included within the historic district the entire land area occupied, or to be occupied, by all of said building or structure so that the whole building or structure shall be considered to be within the historic district for the purposes of this act. Section 3 Definitions - As used in this act, the following words and terms shall have the following meanings - "Building", a combination of materials having a roof and forming a shelter for persons, animals or property "Building inspector", the building inspector of the town of Lexington. "Commission", the historic districts commission established by section four 4 "Erected", the word "erected" includes the words "built", "constructed", "reconstructed", "restored", "altered", "enlarged", and "moved" "Exterior architectural feature", the architectural style and general arrangement of such portion of the exterior of a building or structure as is designed to be open to view from a public street, way, or place including the kind, color and texture of the building materials of such portion and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such portion. "Historic districts", the districts established by section two "Person", the word "person" includes an individual, a corporate or unincorporated organization or association and the town of Lexington. .1 0110 p IL 4. II 0 p 0 0 0110 0 0 d I IL0.0„, ° "14 0 0 h 0 0 II 0011 11 II 0 p 10 00o 0110 0000 000 0 �u0 i0 0110 0 010 lull I l0 000111111 110 0h o 0o 0 Id u ° 0 I 0 0 00d 11 I 00 10 u 0 u 11 0000 100 II 00 Iu 0000 010 II 00 00 00110 010 1101°""u0i11 1 H 0 0110 0 0 000 o10 d ho 0 00 0000 0000 .0 011 000 - "Structure", 0..., a combination of materials, other than a building, - 110.0- o 14 o 0 0 0 II 0 0 00 0 0 0 0 o0 r. o 0 0 or, 0 0 11, r, o 0 00 0V r, o 0 00a I0110011111111 0 0 o o 0 0 o o o 00 Section 4 Creation and Organization of Historic Districts Commission. - There is hereby established in the town of Lexington an Historic Districts Commission consisting of five unpaid members who shall be residents of the town of Lexington, to be appointed by the selectmen of the town as follows - two from four candidates nominated by the Lexington Historical Society, one from two candidates nominated by The Lexington Arts and Crafts Society, Inc , one from two candidates nominated by the trustees of the Cary Memorial Library and one member selected at large by the selectmen. The members initially appointed hereunder shall serve, in the case of one member appointed upon nomination of the Lexington Historical Society, for a term expiring one year; in the case of the member appointed upon nomination of The Lexington Arts and Crafts Society, Inc , for a term expiring two years, in the case of the member appointed upon nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the case of the second member appointed upon nomination of the Lexington Historical Society, for a term expiring four years, in the case of the member appointed at large by the selectmen, for a term expiring five years, from January first following the year of such appointments The selectmen also shall appoint for terms of five years from January first following the year of such appointments four associate members of the commission selected from candidates nominated by the aforesaid organizations and trustees, each such organization and trustees to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. .0 00 o 000000uo 11011 .00 000 00 d O. 0 011 1: o 0 0011 ll 00001: 011 011 01111 0II 00 11 0000 0 o0 0 o 011 00010 0 I0 011111 0 0 0 II 0011 o00 00 a II 000 11 00 0 X000 II p,u 011e lilt 011 0000110 00 I II ��II II �� 0 �� II 0. II X: ho II II 0 0 0 0 II "` a 11 0 0 0 5 00 111111111111 uu III .100 I uuu a 00 II ^„ a hi II u I 00 II oh II 0O 111111 111111111 11 I u p 11 pi 11 ii 11111111 II 011 11 ll 11 11 li a II II 0110 0 111111111: .0 0111111 .11 110 1111 0 11 11 u uuu uuu 001111 11 1111110 1111111111110 a 011 11. u II 110 11111111 1111 liu li 1111 111111000 uu III .11111 11 11 0 11111111 uuu 00 a 10 111 10 0 11111111 uuu 00 a 1111 111111000 011 u u 10 I0 i00 11 0 uuu 11 111 1011.. 000. 0001 � 11 00 i'. 11 ii �1: 11 l �.111100�. II I' ii ii ii �1 I11 ii iii 0 11111: ��� II � . 111111 i 11 1111 111111111111 1111 1111 p u� iiu 111111 ��1111� p 111111 00 II 0 u lit .001111 In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years Vacancies in the commission shall be filled in the same manner ! 11 1111 II for the unexpired term Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. 11 uuu 110. 000 011 100 11 11, 11, .000110001: 11 0 11 11 0 0 101: 111111111: .0 II0 111010 .00 a 0. 0 1100. a .00 11 000 001111: 011 11 111111 00 'I 11111: 11 .011 �1: 00 .a I": 00 uuu .u0 0 a .00 110 00. 00 II II 1: 0 0 a .00 0 uuu .00 uu1: 000 a .00 0 uI0 1100 l 1110 .00 .. a .0 110 00011 110110 aI .00110000 011 The commission shall elect a chairman ........N. .. from its membership In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting. Section 5 Limitations - (a) No building or structure, except as provided under section six, shall be erected within the historic districts unless and until an application for a certificate of appropriateness as to exterior architectural features which are subject to view from a public street, way, or place shall have been filed with the commission and either a certificate of appropriateness, or a certificate that no exterior architectural feature is involved, shall have been issued by the commission. (b) No building or structure within the historic districts shall be changed as to exterior color features which are subject to view from a public street, way, or place unless and until an application for a certificate of appropriateness as to change in such color features shall have been filed with the commission and such certificate shall have been issued by the commission. (c) No building or structure within the historic districts, except as provided under section six, shall be demolished or removed unless and until an application for a permit to demolish or remove the same shall have been filed with the commission, and such permit shall have been issued by the commission. (d) No occupational, commercial, or other sign, except as provided under section six, and no billboard shall be erected or displayed on any lot, or the exterior of any building or 6 structure within the historic districts unless and until an application for a certificate of appropriateness shall have been filed with the commission, and such certificate shall have been issued by the commission. In the case of any such sign or billboard erected or displayed prior to the effective date of this act, there shall be allowed a period of five years, subsequent to said effective date, in which to obtain such certificate (e) Except in cases excluded by section six - (1) No permit shall be issued by the building inspector for any building or structure to be erected within the historic districts, unless the application for said permit shall be accompanied either by a certificate of appropriateness or a certificate that no exterior architectural feature is involved, issued under section nine (2) No permit shall be issued by the building inspector for the demolition or removal of any building or structure within the historic districts unless the application for said permit shall be accompanied by a permit issued under said section nine Section 6 Exclusions - (a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts, nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector l 00" a ullu i0iH u u d 11IIoE I a 00v �0o II 1oo II d I h ullullu 00o II �u ullu" loo II d ullu I 000 a �uu elc" .II. shall certifyo �I o V V V V V V u u 0 u V is 0 0 0 0 0 0 0 o II u o o o II required a 00 the public safety because of an unsafe or dangerous condition, nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act. I (b) The following structures and signs may be erected or displayed within the historic districts without the filing of an application for, or the issuance of, a certificate of appropriateness - 1 Section 2, Chapter 579, Acts of 1966 provides "In the case of any sign or billboard erected or displayed on the effective dale of this act within all historic district established by this act or within any territory added by this act to an existing historic district there shall he allowed a period of five years subsequent to said effective dale in which to obtain the certificate of appropriateness required by paragraph (d) of section five of chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-six " 2 Section 3, Chapter 579, Acts of 1966 provides "The provisions of this act shall not he construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any exterior architectural feature, under a permit issued by the building inspector prior to the effective dale of this act, withal all 7 historic district established by this act or within any lerrilory added by this act to an existing hislorlc dlslrlcl n (1) Temporary structures or signs for use in connection with any official celebration or parade, or any charitable drive in the town, provided that any such structure or sign shall be removed within three days following the termination of the celebration, parade or charitable drive for which said structure or sign shall have been erected or displayed. Any other temporary structures or signs which the commission shall determine from time to time may be excluded from the provisions of section five h u 11 u .00 II .00 .00 u u p, 0 0 o II .0 a III III II II II a II 0 II II I II II a 0 II II II II II 0 II II II II II II II II 0 II II II I II 0 .0 II II II II II II II .0 a II II II II u 0 .00 III 0 .. 0 0L.+P.I ,,,,,,,,,0,,,,,,,,,,,O,,, 0 .11.0.qp. V —.0., L.,,,, .{p„ II,,, 11 .,.„ HI" .04 III Ip.11,.lp.p II (2) Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed where such premises are located within an R-1 one family dwelling district as defined in the Zoning By-Law of the town of Lexington. kII IINk k l Section 7 AallcatI s to be Filed with Commission. Excepting cases excluded by section six, any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish, remove, or change the exterior color features of any building or structure now or hereafter within the historic districts, or to erect or display within the historic districts any sign or billboard for which a certificate of appropriateness is required under paragraph (d) of section five, shall file with the commission an application for a certificate of appropriateness or a permit for demolition or removal, as the case may be, together with such plans, elevations, specifications, material and other information as shall be deemed necessary by the commission to enable it to make a determination on the application. Section 8 Meetings Hearings Time for Making Determinations - Meetings of the commission shall be held at the call of the chairman and also when called in such other manner as the commission shall determine in its rules Five members, including associate members, of the commission shall constitute a quorum The commission shall determine promptly after the filing of an application for a certificate of appropriateness as to exterior architectural features, whether the application involved any such features If the commission determines that such application involves any exterior architectural features, the commission shall hold a public hearing on such application. The commission also 8 shall hold a public hearing on all other applications required to be filed with it under this act, except that the commission may approve an application for a change in exterior color features without holding a hearing if it determines that the color change proposed is appropriate The commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property II II u u 0 0 00 0 11 0u II 00 1 IIIa0II I " "I � ulu� I II0 0 00 uI0 0 0 I 000 0 III1111111111 N IN II000 I 01104 14 as they appear on the most recent local tax list, to the planning board of the town, and to such other persons as the commission shall deem entitled to notice As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or within such further time as the applicant shall allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within said sixty days, or within such further time allowed by the applicant, the commission shall be deemed to have approved the application. Section 9 Powers Functions and Duties of Commission. - The commission shall have the following powers, functions and duties (a) It shall pass upon - (1) The appropriateness of exterior architectural features of buildings and structures to be erected within the historic districts wherever such features are subject to view from a public street, way, or place (2) The appropriateness of changes in exterior color features of buildings and structures within the historic districts wherever such features are subject to view from a public street, way, or place (3) The demolition or removal of any building or structure within the historic districts The commission may refuse a permit for the demolition or removal of any building or structure of architectural or historic interest, the removal of which in the opinion of the commission would be detrimental to the public interest. (4) The appropriateness of the erection or display of occupational, commercial or other signs and billboards within the historic districts wherever a certificate of appropriateness for any such sign or billboard is required under paragraph (d) of section five In passing upon appropriateness, demolition or removal, the commission shall determine whether the features, demolition or removal, sign or billboard involved will be appropriate for the purposes of this act and, if it shall be determined to be inappropriate, shall determine whether, owing to conditions especially affecting the building, structure, sign or billboard involved, but not affecting the historic 9 district generally, failure to approve an application will involve a substantial hardship to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this act. If the commission determines that the features, demolition or removal, sign or billboard involved will be appropriate or, although inappropriate, owing to conditions as aforesaid, failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation as aforesaid, the commission shall approve the application, but if the commission does not so determine, the application shall be disapproved. In passing upon appropriateness the commission shall consider, among other things, the historical value and significance of the building or structure, the general design, arrangement, texture, material, and color of the features, sign or billboard involved and the relation of such factors to similar factors of buildings and structures in the immediate surroundings II a III u u II a II o op do Ho III 'l Hod,I0 �1 001I�I ' 1 a Ho III I ! II1: 11 II II II II II II IIHo a II III Ho a ' III I�1: o II 0 � 001lIII0 0III�01I001ii IVIIi' II II I IIi' 001 I 100 o 0 y Ho0 0 II 0 0 0 0 o 0 I V wI000 II°il 11111: i IIu I 11 I V! IIIc o u I11p000 III' I 001 1 I IupIII I HE 11 I I .14. IIHo. 0 0 o 11E li 0 0 do 110 111111 o II 11 dookoIu 11. I0 o 110 000000 Hoo 0100100 0 i 0 Hoy° 0 0110 a y d o 11u I 0 uuu 000 li 0 II 11IIII IIII II The commission shall not consider 11 II 4111.I0- Linterior arrangement and other building features not subject to public view In approving an application the commission may impose conditions which, if the certificate of appropriateness is acted upon, shall be binding upon the applicant, the owner of the property and his successors in title The concurring vote of three members, including associate members, of the commission shall be necessary to make a determination in favor of the applicant on any matter upon which the commission is required to pass under this act. (b) In the case of an approval by the commission of an application for a certificate of appropriateness or a permit for demolition or removal, or in the event an application is deemed approved through failure to make a determination within the time specified in section eight, the commission shall cause a certificate of appropriateness or a permit for demolition or removal, as the case may be, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant. (c) In the case of disapproval of an application for a certificate of appropriateness or a permit for demolition or removal, the commission shall cause a notice of its determination, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant, setting forth therein the reasons for its determination, and, as to applications for a certificate of appropriateness, the commission may make 10 recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color, and similar factors The commission shall not make any recommendations except for the purpose of preventing developments obviously incongruous to the purposes set forth in this act. (d) In the case of a determination by the commission that an application for a certificate of appropriateness does not involve any exterior architectural feature, the commission shall cause a certificate of such determination, dated and signed by its chairman or chairman pro tempore, to be issued forthwith to the applicant. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations, and may make such rules and regulations consistent with this act and prescribe such forms as it shall deem desirable and necessary (f) The commission shall file with the town clerk a notice of all determinations made by it, and approvals of applications through failure of the commission to make a determination within the time allowed under section eight, except that no notice of a determination that an application for a certificate of appropriateness does not involve any exterior architectural feature shall be filed. (g) The commission may incur expenses necessary to the carrying on of its work within the amount of its appropriation. Section 10 Appeals - Any person aggrieved by a determination of the commission or by an approval of an application through failure of the commission to make a determination within the time allowed under section eight, whether or not previously a party to the proceeding, or any officer or board of the town may, within fifteen days after the filing of a notice of such determination or approval with the town clerk, appeal to the superior court sitting in equity for the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and if, upon the facts so determined, such determination or approval is found to exceed the authority of the commission, the court shall annul such determination or approval and remand the case for further action by the commission. The remedies provided by this section shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination or approval of the commission unless it shall appear to the court that said party acted in bad faith or with malice in making the appeal to the court. Section 11 Enforcement. - Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars I I I u I0 uuuuuu is u u 0 o a 0 v. .0 o u u II d 0 0 a I 0 o a Io o u u u 0 o u u 0 0 u 11 The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce the provisions of this act and the determinations, rulings, and regulations issued thereunder and may restrain by injunction violations thereof and issue such other orders for relief of violations as may be required. In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section 21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of this act and the determinations, rulings and regulations issued under this act. (Added by Chapter 426 of the Acts of 2000) Section 12 Severability of Provisions - The provisions of this act shall be deemed to be severable, and in case any section, paragraph or part of this act shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity of any other sections, paragraphs or parts of this act. Section 13 Effective Date of Act. - This act shall take effect upon its acceptance by the town by vote of its town meeting members at an annual town meeting or any special town meeting called for the purpose Approved June 11, 1956 Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5 ) 12 Exhibit F Historic Districts Commission Ad Hoc 40C Study Committee Final Charge by the Board of Selectmen Final,Adopted by BOS 10/16/17 HISTORIC DISTRICTS COMMISSION AD HOC 40C STUDY COMMITTEE Members. Five voting members, including one representing the Lexington Historic Districts Commission and one representing the Lexington Historical Commission. Appointed by: The Board of Selectmen Length of Term. Upon completion of all recommendations to the Board of Selectmen in accordance with the established deliverables schedule as outlined below Meeting Times. As determined by the Committee A minimum of one evening meeting to solicit public comment shall be required. Description. The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended) At the time the Special Act was enacted, only two other communities -Nantucket and Beacon Hill - had historic district commissions Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme -- 40C itself provides a conversion mechanism This Committee will study the provisions of 40C, the differences between 40C and the Lexington Special Act, and the process for conversion to 40C Vision. Conversion to a 40C scheme for our local historic districts may simplify the member selection process, make Lexington's regulation consistent with the standards applied by communities across the Commonwealth, and enable the Lexington HDC to draw on over 55 years of supportive case law interpreting the various provisions of 40C Mission. To ensure that architecturally and historically important properties are preserved, thus enhancing the character of the Town for residents and visitors, and to ensure that the owners of these properties are treated fairly, consistently and in accordance with statewide and local standards 1 Deliverables. • Report addressed to Board of Selectmen with respect to process and justification for conversion from a "Special Act" historic district commission. to a Massachusetts General Laws Chapter 40C historic district commission. • Proposed language for Lexington bylaw • Presentation at Annual Town Meeting of findings and proposals Criteria for Membership. Some members should have some familiarity with Massachusetts General Laws Chapter 40C and the Lexington Historic Districts Special Act or the willingness to review and understand these two laws Some experience with existing HDC decision-making, policies and procedures would be helpful, as well as knowledge of historic preservation practices across the Commonwealth of Massachusetts A property owner within the existing HDC districts is desirable Staff Support: Assistant Town Manager for Development Prior to serving as a member of this committee, members are required to. 1 Acknowledge receipt of the Summary of the Conflict of Interest Statute Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute Said summary will be provided by and acknowledged to the Town Clerk. 2 Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Attachment: Massachusetts General Laws Chapter 40C [See Exhibit B] 2 Exhibit G List of Massachusetts Historic District Commissions indicating Special Act or Ch. 40C Jurisdictional Basis LHD Municipality LHD 40C or SA Historic District Name Acton Yes 40C Acton Centre Historic District Acton Yes 40C South Acton Village Historic District Acton Yes 40C West Acton Village Historic District Alford Yes 40C Alford Center Historic District Amherst Yes 40C Dickinson Local Historic District Andover Yes 40C Ballardvale Historic District Arlington Yes 40C Avon Place Historic District Arlington Yes 40C Broadway Historic District Arlington Yes 40C Central Street Historic District Arlington Yes 40C Jason/Gray Historic District Arlington Yes 40C Mount Gilboa - Crescent Hill Historic District Arlington Yes 40C Pleasant Street Historic District Arlington Yes 40C Russell Street Historic District Ashby Yes 40C Ashby Common Historic District Barnstable Yes 40C Hyannis Main Street Waterfront Historic District Barnstable Yes Special Act Old King's Highway Regional Historic District Bedford Yes Special Act Bedford Historic District Belchertown Yes 40C Belchertown Center Historic District Belmont Yes 40C Common Street Historic District Belmont Yes 40C Pleasant Street Historic District Beverly Yes 40C Fish Flake Hill Historic District Billerica Yes 40C Billerica Center Historic District Billerica Yes 40C Billerica Mills Historic District Billerica Yes 40C Corner Historic District Billerica Yes 40C Richardson's Mill Historic District Boston Yes Special Act Back Bay Architectural District Boston Yes Special Act Bay State Road - Back Bay West Architectural Boston Yes Special Act Bay Village Historic District Boston Yes Special Act Beacon Hill Historic District Boston Yes Special Act Eustis Street Architectural Conservation District Boston Yes Special Act Lawrence Model Lodging Houses Boston Yes Special Act Mission Hill Triangle Historic District Boston Yes Special Act Princeton Street Architectural Conservation Boston Yes Special Act Saint Botolph Street Area Architectural 1 Boston Yes Special Act South End Landmark District Boxford Yes 40C Boxford Village Historic District Boxford Yes 40C Howe Village Historic District Boylston Yes 40C Boylston Historic District Braintree Yes 40C Braintree Town Center Historic District Brewster Yes Special Act Old King's Highway Regional Historic District Bridgewater Yes 40C Bridgewater Center Historic District Brockton Yes 40C South Street Historic District Brookline Yes 40C Chestnut Hill North Brookline Yes 40C Cottage Farm Local Historic District Brookline Yes 40C Crowninshield Local Historic District Brookline Yes 40C Graffam-Mckay Local Historic District Brookline Yes 40C Harvard Avenue Brookline Yes 40C Lawrence Local Historic District Brookline Yes 40C Pill Hill Local Historic District Cambridge Yes 40C Fort Washington Historic District Cambridge Yes 40C Old Cambridge Historic District Carlisle Yes 40C Carlisle Historic District Carver Yes 40C Lakenham Historic District Carver Yes 40C Savery Historic District Charlton Yes 40C Northside Historic District Central Charlton Yes 40C Northside Historic District East Charlton Yes 40C Northside Historic District South Chatham Yes Special Act Chatham Historic Business District Chelmsford Yes 40C Chelmsford Center Historic District Chicopee Yes 40C Church Street Historic District Chicopee Yes 40C Springfield Street Historic District Cohasset Yes 40C Cohasset Common Historic District Concord Yes Special Act American Mile Historic District Concord Yes Special Act Barrett Farm Historic District Concord Yes Special Act Church Street Historic District Concord Yes Special Act Hubbardville Historic District Concord Yes Special Act Main Street Historic District North Bridge - Monument Square Historic Concord Yes Special Act District Danvers Yes 40C Salem Village Historic District 2 Dartmouth Yes 40C Russells Mills Historic District Dedham Yes 40C Connecticut Corner Historic District Dedham Yes 40C Franklin Square - Court Street Historic District Dennis Yes Special Act Old King's Highway Regional Historic District Dennis Yes 40C South Dennis Historic District Devens Yes Special Act Devens Historic District Eastham Yes 40C Old Town Center Historic District Easton Yes 40C Ames Historic District Edgartown Yes 40C Edgartown Local Historic District Fall River Yes 40C Highlands Local Historic District Falmouth Yes 40C East Falmouth Historic District Falmouth Yes 40C Falmouth Village Historic District I Falmouth Yes 40C Falmouth Village Historic District II Falmouth Yes 40C North Falmouth Historic District Falmouth Yes 40C Quissett Historic District Falmouth Yes 40C Waquoit Historic District Falmouth Yes 40C West Falmouth Historic District Falmouth Yes 40C Woods Hole Historic District Fitchburg Yes 40C Monument Park Historic District Foxborough Yes 40C Baker Street Local Historic District Framingham Yes 40C Framingham Centre Common Historic District Framingham Yes 40C Maynard, Jonathan Historic District Gloucester Yes 40C Central Gloucester Historic District Grafton Yes 40C Grafton Common Historic District Granby Yes 40C Granby Historic District Great Barrington Yes 40C District A (Downtown Historic District) Great Barrington Yes 40C District C Great Barrington Yes 40C Searles Castle Historic District Groton Yes 40C Groton Historic District #1 Groton Yes 40C Groton Historic District #2 Groton Yes 40C Groton Historic District #3 Halifax Yes 40C Halifax Local Historic District Halifax Yes Lyonville Historic District Hamilton Yes 40C Hamilton Historic District 3 Harvard Yes 40C Harvard Common Historic District Harvard Yes 40C Harvard Shaker Village Historic District Harwich Yes 40C Harwich Historic District Haverhill Yes 40C Bradford Common Local Historic District Haverhill Yes 40C Rocks Village Historic District Haverhill Yes 40C Washington Street Shoe Historic District Bachelor Row - Pear Tree - Lower Main St Hingham Yes 40C District Hingham Yes 40C Glad Tidings Historic District Hingham Yes 40C Hingham Centre Historic District Hingham Yes 40C Liberty Plain Historic District Hingham Yes 40C Lincoln Historic District Hingham Yes 40C Tower -Wilder Historic District Holden Yes 40C Boyden Road Historic District Holden Yes 40C Holden Center Historic District Holyoke Yes 40C Fairfield Avenue Historic District Hopkinton Yes 40C Hopkinton Center Historic District Hopkinton Yes 40C Woodville Historic District Hudson Yes 40C Felton, Silas Historic District Hull Yes 40C Hull Village Historic District Huntington Yes 40C St Thomas Local Historic District Lawrence Yes 40C Jackson Terrace Local Historic District Lawrence Yes 40C Mechanic's Block Local Historic District Lawrence Yes 40C North Common Local Historic District Lawrence Yes 40C Prospect Hill Historic District Lenox Yes 40C Lenox Historic District Lexington Yes Special Act Battle Green Historic District Lexington Yes Special Act East Village Historic District Lexington Yes Special Act Hancock - Clarke Historic District Lexington Yes Special Act Munroe Tavern Historic District Lincoln Yes 40C Cory-Brown-Hunt Historic District Lincoln Yes 40C Grange Complex - Codman Estate Lincoln Yes 40C Lincoln Center Historic District Lincoln Yes 40C Woods End Road Historic District Longmeadow Yes 40C The Green Lowell Yes Special Act Downtown Lowell Historic District 4 Manchester Yes 40C Manchester Historic District Marblehead Yes Special Act Gingerbread Hill Historic District Marblehead Yes Special Act Old Town Historic District Marlborough Yes 40C Monument Square Historic District Mashpee Yes 40C Mashpee Historic District Medfield Yes 40C Clark-Kingsbury Farm Historic District Medfield Yes 40C Medfield State Hospital Medfield Yes 40C Medfield Town Center Historic District Medfield Yes 40C Metcalf, John Historic District Medford Yes 40C Hillside Avenue Historic District Medford Yes 40C Marm Simonds Hill District Melrose Yes 40C Melrose Town Center Historic District Methuen Yes 40C Searles, Tenney Nevins Historic District Nantucket Yes Special Act Nantucket Historic District Natick Yes 40C Henry Wilson Historic District Natick Yes 40C John Eliot Historic District New Bedford Yes 40C New Bedford Historic District (Waterfront) Newburyport Yes 40C Fruit Street Local Historic District Newton Yes 40C Auburndale Local Historic District Newton Yes 40C Chestnut Hill Historic District Newton Yes 40C Newtonville Local Historic District Newton Yes 40C Upper Falls Historic District North Andover Yes 40C North Andover Historic District North Reading Yes 40C Center Village Historic District Northampton Yes 40C Elm Street Historic District Northborough Yes 40C Meeting House Common Hist Dist Norton Yes 40C Norton Historic District Oak Bluffs Yes 40C Cottage City Historic District Commission Orleans Yes Special Act Old Kings Highway Regional Historic District Paxton Yes 40C Paxton Historic District Pembroke Yes 40C North Pembroke Historic District Pembroke Yes 40C Pembroke Center Historic District Petersham Yes Special Act Petersham Historic District Plymouth Yes 40C Plymouth Historic District Plympton Yes 40C Harrub's Corner Historic District Provincetown Yes 40C Provincetown Historic District 5 Quincy Yes 40C Adams Birthplace Historic District Quincy Yes 40C Quincy Center Local Historic District Reading Yes 40C West Street Local Historic District Rochester Yes 40C Rochester Center Historic District Rockport Yes 40C Broadway Historic District Rockport Yes 40C Downtown Historic District Rockport Yes 40C Main Street Historic District Rockport Yes 40C Mount Pleasant - South Street Historic District Rowley Yes 40C Glen Mills Historic District Rowley Yes 40C Rowley Center Historic District Royalston Yes 40C Royalston Historic District Salem Yes 40C Derby Street Local Historic District Salem Yes 40C Lafayette Street Historic District Salem Yes 40C McIntire Historic District Salem Yes 40C Washington Square Local Hist Dist Sandwich Yes Special Act Old King's Highway Regional Historic District Sharon Yes 40C Cobb's Tavern Historic District Sharon Yes 40C Historic District III Sharon Yes 40C Sharon Historic District Sheffield Yes 40C Ashley Falls Historic District Sherborn Yes 40C Sherborn Center Local Historic District Shirley Yes 40C Shirley Center Local Historic District Shrewsbury Yes 40C Artemas Ward Homestead District Shrewsbury Yes 40C Shrewsbury (Town Common) Historic District Somerville Yes 40C Bow Street Historic District Somerville Yes 40C Campbell Park - Meacham Road Historic District Somerville Yes 40C Central/Atherton/Spring/Summer Streets LHD Somerville Yes 40C Chester Street Historic District Columbus Avenue -Warren Avenue Historic Somerville Yes 40C District Somerville Yes 40C Dane Street Local Historic District Somerville Yes 40C Florence-Myrtle Local Historic District Somerville Yes 40C Lower Franklin Street Local Historic District Somerville Yes 40C Morrison Avenue Local Historic District Somerville Yes 40C Pleasant Avenue Historic District Somerville Yes 40C Single Property Local Historic Districts 6 Somerville Yes 40C Westwood Road Historic District Springfield Yes 40C Ames Hill - Crescent Hill District Springfield Yes 40C Colony Hills Local Historic District Springfield Yes 40C Forest Park Heights Historic District Springfield Yes 40C Immaculate Conception Church Springfield Yes 40C Lower Maple Street Historic District Springfield Yes 40C Maple Hill Historic District Springfield Yes 40C McKnight Historic District Springfield Yes 40C Our Lady Of Hope Local Historic District Springfield Yes 40C Quadrangle - Mattoon Street Historic District Springfield Yes 40C Ridgewood Historic District Sudbury Yes Special Act George Pitts Tavern Historic District Sudbury Yes Special Act King Philip Historic District Sudbury Yes Special Act Old Sudbury Historic District Sudbury Yes Special Act The Wayside Inn Historic District Swampscott Yes 40C Olmsted Historic District Taunton Yes 40C Church Green Local Historic District Tisbury Yes 40C William Street Historic District Topsfield Yes 40C Topsfield Common Historic District Townsend Yes 40C Townsend Historic District I Townsend Yes 40C Townsend Historic District II Townsend Yes 40C Townsend Historic District III Uxbridge Town Common and Center Historic Uxbridge Yes 40C District Wareham Yes 40C Center Park Historic District Wareham Yes 40C Narrows Historic District Wareham Yes 40C Parker Mills Historic District Watertown Yes 40C Watertown Historic District Wayland Yes 40C Bow Road Historic District Wayland Yes 40C Wayland Center Historic District Wellesley Yes 40C Cottage Street Local Historic District Wellesley Yes 40C Methodist Meeting House Historic District Wellesley Yes 40C Tufts House Historic District Wenham Yes 40C Wenham Historic District West Newbury Yes 40C West Newbury Training Field Historic District West Springfield Yes 40C Broadway Historic District 7 West Springfield Yes 40C White Church Historic District West Tisbury Yes 40C West Tisbury Historic District Weston Yes 40C Crescent Street Historic District Westport Yes 40C Westport Point Historic District Winchendon Yes 40C Winchendon Center Historic District Woburn Yes 40C Baldwin Homestead Historic District Worcester Yes 40C Crown Hill Local Historic District Worcester Yes 40C Massachusetts Avenue Historic District Worcester Yes 40C Montvale Historic District Yarmouth Yes Special Act Old King's Highway Regional Historic District 8 Exhibit H Chart listing Special Act Historic District Commissions Appointment Processes Special Act Historic District Commissions Appointments Bedford - appointed by BOS -5 members, 2 alternates - 1 from 2 nominated by historical society - 1 resident of historic district - 1 attorney Boston - appointed by Mayor - 9 members and 9 alternates, residing in City - 2 from 4 candidates registered architects, nominated by Boston Society of Architects - 1 from 2 architectural historians, nominated by Historic New England - 1 from 2 city planners, nominated by regional chapter of American Institute of Planners - 1 from 2 landscape architects, nominated by Boston Society of Landscape Architects - 1 from 2 candidates nominated by Greater Boston Real Estate Board - 1 from 2 candidates nominated by Greater Boston Chamber of Commerce - 2 selected at large by mayor "and who by reasons of experience or education have demonstrated knowledge and concern for conservation and enhancement of those physical features of the city which are important to its distinctive character" Chatham - appointed by BOS - 5 members - The selectmen in making such appointments shall use reasonable efforts to include 1 architect or builder, 1 realtor, 1 historian or person with experience in historic preservation, and 1 person with present or past business experience, with consideration being given to a person who presently or previously has owned or operated a business within the historic business district. -plus 2 alternate members Concord - appointed by BOS - 5 members, all residents of Concord - 1 from 2 candidates nominated by Concord Antiquarian Society (dba Concord Museum) - 1 from 2 candidates nominated by Concord Free Public Library - 1 from 2 candidates nominated by Concord Planning Board - 1 from 2 candidates nominated by Concord Natural Resources Commission - 1 appointed at large by BOS - 5 associate members nominated by above bodies Lowell - 9 members 5 appointed by City Manager, confirmed by City Council - 1 attorney from 2 nominated by Lowell Bar Association - 1 from 2 nominated by Lowell Historical Society 1 - 1 from planning board - 1 "having an interest in real estate within the downtown district" from 2 nominated by chamber of commerce in consultation with Downtown Business Association and who is a member of both organizations, - 1 from 2 architects nominated by local chapter of American Institute of Architects - director of city division of planning and development - 1 appointed by chair of Lowell historic preservation commission - 1 appointed by superintendent of Lowell National Historical Park - 1 appointed by commissioner of environmental management of the executive office of environmental affairs (now DCR) Marblehead - not less than 3 nor more than 5 members, all residents of Marblehead residing in historic district - appointed by BOS for terms of 1 year - can be removed by BOS at its pleasure - 2 alternates Nantucket - 5 members, residents of Nantucket - appointed by BOS - 3 associate members Old Kings Highway Regional HDC Commission. - 6 members, chairs of town historic committees of Sandwich, Barnstable, Yarmouth, Dennis, Brewster, and Orleans Committees. -appointed by BOS - 5 members, 4 or 3 of whom are residents of the district 1 registered architect, not necessarily resident of district, or if none, building contractor with not less than 5 years' experience in the building trades Petersham - appointed by BOS - 5 members, at least 4 voting residents - 1 registered architect or person with architectural training and background - 1 from 2 nominated by Petersham Historical Society - 1 from voters of historic district - 1 "who in the opinion of the BOS is qualified by reason of his experience in the building trades" - 1 from 2 nominated by planning board Sudbury - appointed by BOS - 5 members, residents and voters 2 - 1 registered architect, or who in the opinion of the BOS by reason of his experience in the building trades is qualified - 3 appointed from among voters of various HDs - 1 from 2 nominated by Sudbury Historical Commission * * * MGL Ch. 40C Historic District Commission Appointments -appointed by City Council and Mayor or BOS - not less than 3 nor more than 7 members - 1 from 2 nominated by local historical society - 1 from 2 nominated by local chapter of AIA - 1 from 2 nominated by local board of realtors, if any unless alternate or additional organizations would be more appropriate - alternate members need not be from above organizations 3